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Terms of Service

Last Updated: January 2025

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of CareComm's website, products, and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and confirming that you have the authority to bind that organization to these Terms. Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use the Services.

2. Description of Services

CareComm provides a customer communication and growth operations platform that includes: **Software Platform:** - Social media management and unified inbox - Customer journey automation - Analytics and reporting dashboards - Integration with third-party messaging platforms **Managed Services:** - Customer support team operations - Marketing and growth operations - Content management and publishing **Professional Services:** - Implementation and onboarding - Training and consultation - Custom development and integrations

3. Account Registration

To access certain features of our Services, you must register for an account. When registering, you agree to: - Provide accurate, current, and complete information - Maintain and promptly update your account information - Maintain the security of your password and account - Accept responsibility for all activities that occur under your account - Notify us immediately of any unauthorized use of your account We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to: - Use the Services in any way that violates applicable laws or regulations - Transmit any material that is defamatory, offensive, or otherwise objectionable - Impersonate any person or entity or misrepresent your affiliation - Interfere with or disrupt the Services or servers - Attempt to gain unauthorized access to any portion of the Services - Use the Services to send spam or unsolicited communications - Use automated means to access the Services without our permission - Introduce viruses, malware, or other harmful code - Collect or harvest user information without consent - Resell or redistribute the Services without authorization

5. Intellectual Property

**Our Intellectual Property:** The Services and all content, features, and functionality are owned by CareComm and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. **Your Content:** You retain ownership of any content you submit, post, or display through our Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute Your Content solely for the purpose of providing the Services. **Feedback:** Any feedback, suggestions, or ideas you provide about our Services may be used by us without any obligation to you.

6. Payment Terms

**Fees:** Certain Services require payment of fees. You agree to pay all applicable fees as described on our website or in your service agreement. **Billing:** - Fees are billed in advance on a monthly or annual basis - All fees are non-refundable unless otherwise stated - We may change our fees upon 30 days' notice - Failure to pay may result in suspension or termination of Services **Taxes:** You are responsible for all applicable taxes. If we are required to collect or pay taxes, the taxes will be charged to you.

7. Service Level Agreement

For paid Services, we commit to: - **Uptime:** 99.9% platform availability - **Support:** Response within 24 hours for standard issues, 4 hours for critical issues - **Data Backup:** Daily automated backups with 30-day retention - **Security:** Industry-standard encryption and security measures Specific SLA terms may be outlined in your service agreement. Service credits may be available for downtime exceeding our commitments.

8. Data Protection

**Your Data:** You retain all rights to the data you input into our Services ("Customer Data"). We will only access, use, and process Customer Data as necessary to provide the Services and as described in our Privacy Policy. **Data Security:** We implement appropriate technical and organizational measures to protect Customer Data against unauthorized access, alteration, disclosure, or destruction. **Data Portability:** Upon request, we will provide you with an export of your Customer Data in a standard format. **Data Deletion:** Upon termination of your account, we will delete your Customer Data within 90 days, unless retention is required by law.

9. Third-Party Services

Our Services may integrate with third-party platforms and services. Your use of such third-party services is governed by their respective terms and policies. **Integrations:** - Meta (Facebook, Instagram, WhatsApp) - TikTok - LinkedIn - X (Twitter) - Other messaging and CRM platforms We are not responsible for the availability, accuracy, or content of third-party services. You acknowledge that third-party service providers may modify or discontinue their services at any time.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: **Disclaimer:** THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. **Limitation:** IN NO EVENT SHALL CARECOMM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES. **Cap:** OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless CareComm and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with: - Your access to or use of the Services - Your violation of these Terms - Your violation of any third-party rights - Your Content or data submitted through the Services

12. Termination

**By You:** You may terminate your account at any time by contacting us or using the account settings. Termination will be effective at the end of the current billing period. **By Us:** We may suspend or terminate your access to the Services immediately, without prior notice, if: - You breach these Terms - You fail to pay applicable fees - We are required to do so by law - We discontinue the Services **Effect of Termination:** Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall survive.

13. Dispute Resolution

**Governing Law:** These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, without regard to its conflict of law provisions. **Arbitration:** Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in Riyadh, Saudi Arabia, in accordance with the rules of the Saudi Center for Commercial Arbitration. **Class Action Waiver:** You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by: - Posting the updated Terms on our website - Sending you an email notification - Displaying a notice within the Services Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

15. General Provisions

**Entire Agreement:** These Terms constitute the entire agreement between you and CareComm regarding the Services and supersede all prior agreements. **Waiver:** Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. **Severability:** If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect. **Assignment:** You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16. Contact Information

If you have any questions about these Terms, please contact us: **CareComm** Email: legal@carecomm.io Phone: +966 50 000 0000 Address: Riyadh, Saudi Arabia For urgent legal matters, please email legal@carecomm.io with "URGENT" in the subject line.